Monday, 24 February 2020

Black boy dies after boy pushed him into river. CPS concludes not in public interest to prosecute.

Press Conference L-R
Lee Jasper, Alina Joseph (Mum). Hilary Brown and Shavanah Taj
Family of 13-year South Wales boy, Christopher Kapessa family accuses CPS and South Wales Police of institutional racism over failure to investigate and prosecute over son’s death.

The Family of Christopher Kapessa’s held a press conference at Bute Town Community Centre, 10 Loudoun Sq, Bute Town Cardiff, CF10 5UZ at 10 am on Monday the 24th February 2020 in response to the CPS decision not to prosecute anyone for Christopher’s death despite recently writing to the family indicating that there was “sufficient evidence” to consider a prosecution of Manslaughter.

The Kapessa family wanted a prosecution, based on the fact that the young people initially interviewed stated that Christopher has ‘slipped and fell” into the river when in fact he was pushed. That willful deception gravely extended and deepened the family’s grief and stress. They have waited eight months for the truth of what really happened at the time of Christopher’s death.

The family believes that that had a group of 14 black boys & girls been involved in a similar incident where a white boy lost his life the rigor, perspective, and conclusion of the initial police investigation and the application of the public interest test by the CPS would have reached entirely different conclusions.

The family believes this case has echoes of the culture of institutional racism uncovered in the Stephen Lawrence case where the dynamic of the ethnicity of the suspects and the victim conspired to pervert the course of justice.

Leading human right barrister Michael Mansfield QC has been instructed to represent the family.

Background.

Lee Jasper Bame Lawyers and Alina Joseph
Christopher Kapessa Mum.
13-year-old Christopher Kapessa’s body was found in the River Cynon, near Fernhill, on July 1st, 2019, after he and a group of local people were out by the river.

Christopher who couldn’t swim was pronounced dead shortly after his body was recovered by emergency services who were called to the scene.


An initial investigation by South Wales Police in the immediate aftermath of Christopher's death initially concluded there were no suspicious circumstances and attributed Christopher’s death to a ‘tragic accident’.

However serious concerns were raised by the family and their Lawyer Hilary Brown, who complained that only four of the fourteen or so young people who were at the scene of Christopher’s death, had been interviewed by police officers in the initial investigation.


As a result of these concerns, it was subsequently announced that the force's major crime investigation team would be investigating and the case was referred to the Independent Office for Police Conduct, that inquiry remains ongoing.

Since that time the family and their lawyer have maintained a dignified silence waiting for the conclusion of this second investigation.

In a letter to the family dated 19th February 2020 some eight months after Christopher’s death, the Crown Prosecution Service stated that after reviewing the evidence and despite having formed the opinion that;

“...there was sufficient evidence to support a charge of an unlawful act of manslaughter” that “concluded that a suspect, who cannot be named for legal reasons as he is a youth, should not be charged with an offence of manslaughter”

The CPS further concluded that a prosecution was not in the public interest stating;

“When considering the public interest test, there are a number of factors to take into account because the suspect was 14 years of age at the time of the alleged offense and is now 15 years of age. The suspect has no convictions or cautions and has never come to the attention of the police. The suspect is described as mature and intelligent for his age, in normal education and has a good school record without any issues of bad behavior recorded.’

The CPS went on to say;

“The suspect is described as mature and intelligent for his age, in normal education and has a good school record without any issues of bad behaviour recorded.”

Adding that they had taken into consideration“...Section 44 Children and Young Persons Act 1933 and have considered the welfare of the child as stated above and similarly have considered the United Nations Convention on the Rights of the Child. “ referring to the suspect.

In attendance, at the press conference held on Monday 24th February 2020 at the Bute Town Community Centre, Bute Town Cardiff, was  Alina Joseph, the mother of Christopher Kapessa, Hilary Brown of South Wales based law firm Virgo Consultancy Services Ltd and veteran civil rights campaigner, former Deputy Mayor of London and Vice-Chair of BAME Lawyers for Justice, Mr. Lee Jasper and Shavanah Taj General Secretary of Wales TUC

Alina Joseph, Christopher’s Kapessa’s mother stated:

From the start, South Wales Police baffled us by being unable to answer many the most basic of our questions. If this had been 14 black youth and a white victim we have no doubt that the approach of the police and outcome would have been different. We know that family members of the fourteen young people involved demanded the police come and interview their children, whose account was radically different from the four principal suspects. 

We thank them for their compassion and commitment to justice. Their actions stand in stark contrast to the actions of those who lied.

The decision made by the CPS leaves us feeling confused and perplexed as to how some can callously lie about my sons death, inflicting more pain and anxiety on us for the last eight months, and it is the suspects human rights that prevail, despite their lies whilst prosecution over my sons death is deemed as not being in the public interest.”

Just like any other individual whose life has precious value, Christopher too deserved that value and justice for what happened to him. We have been failed by the system.”

The family is seeking a review of the CPS decision that prosecution is not in the public interest to pursue Justice for Christopher Kapessa.”

The effects and circumstances of Christopher’s death has left us all deeply wounded, a wound that may never heal. Now we simply live our lives from one day to the next.”

Hilary Brown Kapessa family’s lawyer stated;

“The decision of the CPS is disappointing in light of the fact that they confirmed that the evidential threshold was met for bringing a charge of Manslaughter against a young man whose actions were responsible for the death of Christopher Kapessa.

Christopher’s family and their legal team are now vindicated for insisting that South Wales Police undertake a new and thorough investigation to establish the facts of how Christopher died and the truth is now out. Christopher died not as a result of a ‘tragic accident’ as South Wales Police initially concluded, but as a consequence and direct result of being ‘pushed’ into the river.

Lee Jasper BAME Lawyers said,

“ In this case, we see the unmistakable echoes of same mistakes committed by the Police and the CPS as revealed in the McPherson Inquiry into the failed murder investigation into the death of Stephen Lawrence. British justice is a racial lottery with the quality of justice to often being determined by the colour of your skin and not the principles of justice. British Black communities some 27 years after Stephens murder continue to believe that British justice is all too often, racist justice. Our message to South Wales Police and the CPS is one that echoed around the world; Black lives matter.”

Shavanah Taj General Secretary of Wales TUC stated;

“ As a Welsh trade unionist and parent to black children I cannot stand by whilst the CPS and South Wales police refuse to act and rightfully serve justice to Christopher Kapessa's family, who lost their young teenage son in a tragic incident in South Wales last year.
Twenty years on since the death of Stephen Lawrence we continue to witness real failings of the very systems that are designed to protect and serve justice indiscriminately. Black lives matter isn't simply a movement or campaign with no face. It's people's lives, their families that are left to pick up the pieces.

At a time when many continue to push division and hatred, we ask all people to stand with us and call on CPS and South Wales Police to do the right thing. ”

Race Alliance Wales stated;

“We are writing as a group of concerned individuals and professionals in relation to the tragic drowning of 13-year-old Christopher Kapessa in a river incident in Mountain Ash, Rhondda Cynon Taf in July 2019. We have been informed by Christopher’s mother of the recent CPS decision not to prosecute despite there being enough evidence of manslaughter, on the basis of it not being ‘in the public interest’.

Race Alliance Wales is deeply concerned that the CPS decision does not offer justice for Christopher or his family, and sends out a troubling message that black lives do not matter. We are fully supportive of Christopher’s mother’s request for a review of this decision.”

Cardiff Stand Up To Racism stated;

“Stand up to Racism supports the call by Race Alliance Wales and The Monitoring Group to launch a new legal challenge, and will continue to demand justice for this family who is grieving the loss of their son.”

Women Connect first and Black Association of Women Stepping Out stated;

“ We as BAME women organisations in Wales are very concerned that a crime that led to the death of a young Black child has been dealt with no regard for the rights and welfare of his family. It is unthinkable that even though the legal threshold was met to bring a charge of manslaughter, a decision has been taken to not prosecute on the grounds that the rights of the perpetrator are more important than that of the victim. As BAME mothers, we fully support the request of Christopher’s mother to seek justice for her child to prevent further injustices like this happening in the future.”

Tuesday, 11 February 2020

"Rolf Harris was convicted of indecent assault against girls 13 - 19 yrs old]... why isn't he being sent back to Australia?

"Rolf Harris is a case in point [he was convicted of indecent assault against girls 13 - 19 yrs old]... why isn't he being sent back to Australia? Because he's White, and the people on that plane are Black. That's it, pure and simple" 

Lee Jasper, BAME Lawyers 4 Justice #JamaicanDeportations #Jamaica50 


Monday, 10 February 2020

My Windrush interview... Black British and Betrayed #Jamaica50 #NoCharterFlight #WeWantHumanRights


                                          #Jamaica50#NoCharterFlight #WeWantHumanRights

In my sleep I heard them weeping and wailing; the sad lament for the #Jamaica50



I dreamt dreams of the door of no return last night, I saw the holding pens of our ancestors awaiting deportation and envisioned the walk on the plank toward the gentle bobbing ships of our enslavement. 



I heard the weeping and wailing of their tortured souls. And as I awoke this morning, it struck me that those destined for deportation at dawn tomorrow morning this Terrible Tuesday will be filled with a similar sense of mighty dread and deep foreboding. 

The #Jamaica50 will be terrified as they wake today. They and their families will be inconsolable. Many will not have slept. Some will, like our 17th century enslaved ancestors held in the British slave fort Elmina Castle, Ghana, will have wept through the night. 

They too are looking at the door of no return. 

At around 9pm this evening, the guards will individually shackle the detainees, each one from ankle to waist where they will then be taken to an awaiting bus, all in that familiar chain gang line, restrained, shuffling like their ancestors, dancing the dance of no return.

There will be those who resist and they will be beaten and taken by force. There will be those guards, like the overseers of old, eager for the conflict, flying high on the prospect of sadomasochistic violence. 
They killed Joy Gardner

We remember our brother Jimmy Mubenga and our sister Joy Gardner. 

They killed Jimm Mubenga




We recall the brutal horror of their deaths













And at a lonely Royal Air force runway, somewhere near London, ground staff will be laughing and joking, happily preparing the plane, just as those old pirates prepared their slave ships. 


Tonight, children will be weeping inconsolably for their parents, deeply traumatised by forced separation, whilst guards content in their work and happy with their lot will be donning riot gear and checking their batons and pepper sprays. 

And this morning Titan Airways will be busy counting their cash, having been paid handsomely to transport their tragic cargo of human misery. 

Late tonight Virgin Pilots will be discussing their routes over dinner whilst watching the BBC news, they’ll kiss their wives and children sweet goodnights and prepare to fly. 

And as you sleep tonight and dawn silently breaks this Terrible Tuesday, our people will be forced onto that plane with grimacing, menacing threat and for those who resist, unconscionable violence and unspeakable force  

And as I sit here weeping this Mournful Monday morning, and write this most terrible lament through my bitter tears, awake but still in a dream state, haunted by the visions of our tragic past and the dark portents of the future, I ask myself and the nation in Gods name what are we doing? 

Stop the plane. 

6pm tonight at 10 Downing Street; be there.  

Lee Jasper. 

Saturday, 1 February 2020

Mass deportation flight to Jamaica on the 30th anniversary of the release from prison of Nelson Mandela





By: Zita Holbourne and Lee Jasper.


Boris Johnson's government has organised another charter flight mass deportation to after the last one. Like a dog returning to the scene of its own vomit, the Tories appear habitually addicted to racist immigration policies.

This is the second such charter flight since the Windrush scandal was widely exposed, as targeting the Caribbean communities,   This new mass deportation is expected to take place on 11th February, which coincidentally, is the 30th anniversary of the release of Nelson Mandela from Victor Vester prison.

We have received confirmation from several people now that they have been issued with a definite removal notice.

Up to 50 people could be deported on this flight, people who will be torn apart from families including their young children, who have lived most of their lives in the UK and those still going through a deportation appeals process.

Over the past week, there has been an escalation in people being detained whilst attending their regular signing in sessions at Reporting Centre’s around the country with Immigration Officers then transferring detainees to removal centres.

These are all people who are fearfully complying with Home Office requirements and are now subjected to forcible detention. The government's cynical rounding up of vulnerable people, seen as nothing more than disposable garbage to be taken out, is shameful and unacceptable.

The British High Commissioner to Jamaica has alleged, that all those booked on the flight have criminal records and are not related to Windrush. But we know that it includes people who are appealing against Home Office decisions. Last year, people who were originally booked on a flight to Jamaica, successfully legally challenged their deportation leading to them being removed from the flight. A whole year has passed only for them to be targeted again.

All of the cases we have been made aware of involving individuals who have families here in the UK including children and, in some cases, even grandchildren. Most are people who have spent the majority of their lives in the UK and who are to be deported to what will be a strange country as far as their lived experience is concerned.

Some will have been criminalised by virtue of their immigration status and deportation creates a double, or rather triple punishment when you account for the periods they were detained.

A British born person would not be sentenced for a crime, serve their time, be rehabilitated only to be denied access to essential services such as health care, detained in inhumane facilities, to find their life even worse than when serving time in prison, only then be deported to a strange country, separated from loved ones, left destitute and alone.

We believe that as there is clearly no guarantee of fairness and justice there should be no deportations and that the government must stop racially targeting Caribbean communities and their families.

Given the ongoing Windrush Scandal and the government's failure to adequately compensate victims (with the vast majority receiving no compensation to date) we can have no faith that these detainees have been treated fairly and within the law.

Our communities have suffered enough over recent years because of the scandal, which is on top of racism and injustice amplified by austerity. It is not acceptable for the government to return to the discredited policy of creating a racially hostile environment for black people.

The British High Commissioner to Jamaica may claim that those targeted on this charter flight have no link to the Windrush generation but the reality is that if it were not for the legacy of colonialism, their families would not have come to the UK in order to work hard and help the post-war recovery in the 1950s and 60s and they, in turn, would not have come to the UK to join their close family members.

Some of those targeted for these deportations included people who have served in the British armed forces, British when it suited the government but now deemed both undesirable and illegal. Having valiantly served Queen and country in active service, they are now cast aside with some suffering injuries and post-traumatic stress.

We have called an emergency protest to oppose the flight and wider injustice of the government's hostile environment including the failure to make compensation accessible to all the families impacted by the brutality of the Windrush scandal.

The protest will commence at 6 pm on Thursday 6th February opposite Downing Street. It is called by BARAC UK and BAME Lawyers for Justice which is an umbrella body for a group of Black and Asian race equality activists, lawyers and Windrush justice groups, all are welcome to join us. The action is also supported by the Society of Black Lawyers, Blaksox and Momentum Black Caucus.

Whilst the British government have a lot to answer for, we cannot forget or let off the hook those complicit with the process of deporting people on charter flights, the airlines, security companies, pilots, etc. but also nations such as Jamaica, who allow these flights to land and who are paid to accept the wholesale illegal deportation of people without consideration of their circumstances and the inhumanity of their treatment.

That's why we are supporting and encourage people to join the emergency demo called by

Movement for Justice at 12 noon on Monday 3rd February outside the Jamaican High Commission calling on the Jamaican Government to follow the lead of the Nigerian government and refuse to allow the plane to land.

We are also supporting Windrush activist, Patrick Vernon's petition; The Windrush Compensation Scheme, demanding the application of the principles of restorative justice and fairness to the victims of the Windrush scandal, repairing the harm done by this government's hostile environment policy and its impacts on African and Caribbean communities and others from the Commonwealth. The petition demands the Home Secretary adopt a 10-point plan to write the wrongs of the Windrush Scandal. MPs have the opportunity to make amendments to the Windrush Compensation Bill at the Second Reading of the bill in February.

We can have no confidence in this government's commitment to treat people fairly and call upon all good people to support our struggle for justice and oppose state racism.

We would also ask that you sign, share and promote the following petitions:

https://www.change.org/p/stop-all-charter-flight-mass-deportations-to-jamaica-othercommonwealth-countries

https://www.change.org/p/prime-minister-conduct-an-independent-public-inquiry-into-thewindrush-scandal

https://www.change.org/p/british-airways-stop-helping-the-home-office-deport-people

https://you.38degrees.org.uk/petitions/restorative-compensation-scheme-for-windrushscandal?just_launched=true

If you want to get in touch please contact bamelawyersforjustice@gmail.com or baracuk@gmail.com